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Inspection and Copying of OfficialAssociation Records
The Association shall provide Members with access to records in accord with the provisions of the Florida Statutes.
Accordingly, the following rules have been developed to assist Members in requesting, reviewing and inspecting the Official Records of the Association. These rules have been promulgated in compliance with Sections 720.303(4) and 720.303(5) of the Florida Statutes. "Official Records" of the Association shall be defined to include only those items listed in Sections 720.303(4)(a) through (l) of the Florida Statutes.
1. In accordance with Section 720.303 of the Florida Statutes, the Association shall provide access to the Official Records within ten (10) business days after receipt of a written request that is signed and dated by a Member upon the terms and conditions set forth in this rule.
Electronic requests are not acceptable. 2. Each Member shall be allowed to inspect the Official Records for not more than one eight (8) hour business day, which hours must be consecutive on the same day, per calendar month. A request to inspect the Official Records must be delivered by certified mail, return receipt requested, to the Association at the CSA Office. Such written notice must identify the
Official Records the Member wishes to review and/or copy. A written request from a
Member to inspect the Official Records may not occur more frequently than once every month unless a previously scheduled inspection did not transpire for valid, lawful and/or proper reasons. Repeat inspection of Official Records already reviewed and/or copied may be requested, in writing, by the Member after the expiration of ninety (90) days. 3. Inspections of the Official Records shall occur between the hours of 8:00 AM and 12 Noon and 1:00 - 5:00 PM, Monday through Friday, with the actual date(s) and time(s) for the requested inspection(s) being mutually agreed upon by the CSA Manager, or the CSA
Manager’s designee, and the requesting Member. Nevertheless, should a requesting Member fail to agree with the CSA Manager, or the CSA Manager’s designee, as to a mutually convenient time and date for the inspection, the Association reserves the right to unilaterally determine and schedule the inspection(s) to facilitate having the inspection occur within ten (10) business days after receipt by the Association of the written request for such inspection. 4. In the event the Member desires copies of the Official Records, the Member shall notify the
Association of the copies requested and shall pay the Association the maximum amount allowable by the Florida Statutes to cover the cost of the copies requested by the Member.
Double-sided copies of the Official Records shall be considered two (2) pages for purposes of calculating copying charges. The Association reserves, and shall have, the right to condition copying the requested Official Records upon receiving, in advance, payment and/or a retainer for such copying. In the event the amount advanced for copying exceeds the
Association’s charges, the difference shall be refunded. If the records requested to be copied exceed twenty-five (25) pages in length, the Association may have copies made by an outside vendor or association management personnel and may charge the actual cost of copying, including any reasonable costs involving personnel fees and charges at an hourly rate for vendor or employee time to cover administrative costs to the vendor or Association.
5. In accordance with the Florida Statutes, the Association shall maintain an adequate number of copies of the recorded CSA governing documents (Declaration, Articles of Incorporation,
By-Laws and Rules & Regulations), to ensure their availability to Members and prospective
Members.
6. Pursuant to the Florida Statutes, the following records are not available for inspection or copying by Members or any other person: a. Any record protected by the lawyer-client privilege as described in Section 90.502 of the Florida Statutes and any record protected by the work-product privilege, including, but not limited to any record prepared by an association attorney or prepared at the attorney’s express direction which reflects a mental impression, conclusion, litigation strategy or legal theory of the attorney or the association and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings or which was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings until the conclusion of the litigation or administrative proceedings. b. Information obtained by the Association in connection with the approval of the lease, sale or other transfer of a Parcel. c. Personnel records of the Association’s employees, including, but not limited to, disciplinary, payroll, health and insurance records. d. Medical records of Owners or community residents. e. Social security numbers, driver’s license numbers, credit card numbers, electronic mailing addresses, telephone numbers, emergency contact information, any addresses for an Owner other than as provided for Association notice requirements, and other personal identifying information of any person, excluding the person’s name, parcel designation, mailing address and property address. f. Any electronic security measure that is used by the Association to safeguard data, including passwords. g. The software and operating system used by the Association which allows the manipulation of data, even if the Owner owns a copy of the same software used by the Association. The data is part of the Official Records. h. Information obtained by the Association in connection with guests’ visits to Owners or residents.
7. Regardless of the number of Parcels a Member owns, the Member shall only have access to inspect the Official Records for one (1) eight (8)-hour period per month as described above.
